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HomeMy WebLinkAbout1956_10_03 Town Board Minutes 6D 67h, MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD OCTOBER 3, 1956, IN THE COUNCIL ROOM OF THE WEAVER STREET FIRE- HOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8815 p.m. PRESENT: Supervisor Burchell Councilman Brush Councilman Kane Councilman Santoro ABSENT: Councilman Waterman ALSO PRESENTS Mr. Gronberg - Town Clerk Mr. Delius - Town Attorney Mr. Friedlander - Town Engineer Mr. Finson - Accountant Mr. O'Brien - Superintendent of Highways Mr. Orsino - Comptroller RE: MATTERS NOT ON THE AGENDA In the interest of time, the Supervisor, before proceeding with the regular order of business, inquired whether anyone present wished to address the Board on any matter not on the agenda. MR. C. W. MOODY -- Mr. Moody appeared before the Board and stated that he had requested a Building Permit for a house on Winged Foot Drive, approximately 700 feet from Fenimore Road, fronting on a portion of the street not paved and otherwise improved in accordance with the Planning Board specifi- cations as provided in Section Z80-A of the Town Law. Mr. Moody further stated that Winged Foot Drive had been accepted by the Town as a through street for some- time and he believed the Town Board should make an ex- ception in his case. -- The Town Attorney confirmed that the street had been ac- cepted, and that since this acceptance of the street was prior to the time of the creation of the Planning Board, the Attorney advised that the Town Board might direct the Building Inspector to issue the permit. After some discussion, on motion by Councilman Brush, seconded by Councilman Kane, upon roll call, the follow- ing resolution was unanimously adopted: RESOLVED that the Building Inspector of the Town of Mamaroneck issue a Building Permit to Rock- ledge Holding Corporation for a house on a lot, known on the Assessment Roll of the Town of Ma- maroneck as Block 204 - part of Parcel 260, and which is on Winged Foot Drive, approximately 700 feet from Fenimore Road, provided that plans are filed for same which conform in all respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. PUBLIC HEARING ESTABLISHMENT OF COMMUTER PARKING AREAS IN RESIDENCE DISTRICT A The Clerk presented the Affidavit of Publication of Notice of Public Hearing as published in the official newspaper of the Town of Ma- maroneck, The Daily Times, on September 22, 1956, and filed in the Office of the Town Clerk, The Supervisor declared the Hearing open, outlined briefly the sub- ject, and requested the Attorney to read the amendment to the Zon- ing Ordinance pertinent to this Hearing - Article II, Section 3, Sub- division 8, as adopted at the meeting of the Town Board on Septem- ber 19, 1956. The Attorney read the amendment. The following persons were heard: - In opposition. -- Mr. George P. Forbes - Attorney representing Mr. Frank Turco of 106 Myrtle Boulevard, Town, and Mr. Euclid Brondoli of 635 Center Avenue, Mamaroneck, owners of property in this area, who, with a group of neighboring property owners, submitted a petition opposing the estab- lishment of these parking areas unless relief was granted through rezoning from Residence A to Business, to this Board on September 19, 1956. Mr. Forbes requested that the official record state clearly and definitely the opposition of his clients, and sought im- mediate action on the part of the proper party or parties on the rezoning of the property in this area. Mr. Forbes also requested that the Board ask the Clerk to again present the petition filed in protest to the establish- ment of these parking areas, which petition had been for- merly read at the meeting of September 19th. The Board so directed and the Clerk read the petition. In favor. Mr. N. R. Hoover of 14 Myrtle Boulevard, Town. Dr. Lawrence B. Hobson of 25 Echo Lane, Town. Mr, David Butler of 5 Valley Stream Road, Town. Mr. George Schuler of 70 Garden Road West, Town, The Clerk then presented a letter from the Larchmont Gardens Civic Association, signed by Mr. Lee H. Bloom, President, and dated September 30, 1956, stating that the Association, at its meeting of September 20th, adopted a resolution urging that the new parking areas be restricted to residents of the Town during the period when the metered area is still available, and that a study be made to determine the best plan for charging and restricting after the present metered area becomes unavailable. The Supervisor advised that this communication was a bit pre- mature as the question before the Hearing tonight was not one of set-up but rather of designating or establishing these properties as commuter parking areas. After ascertaining that no one else wished to be heard, the Su- pervisor declared the Hearing closed. On motion by Councilman Kane, seconded by Councilman Brush, upon roll call, the following resolution was unanimously adopted; WHEREAS, heretofore on the 22nd day of September, 1956, a notice of Public Hearing was duly published pursuant to Article II, Section 3, Subdivision 8 of the Zoning Ordinance of the Town of Mamaroneck, at which Hearing the Town Board was to consider the establishment of certain off- street or commuter parking areas; and WHEREAS, the County of Westchester has approved a lease with the Town of Mamaroneck for certain parcels shown on the Pelham-Port Chester map, known as Parcels 3, 4, 5, 6, 7, 45, 46, 47, 48, 57, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and a portion of Parcels 36 and 38, Sheet 9, Pelham-Port Chester Parkway, which said vacant prem- ises are outlined in yellow on a sketch attached thereto, for parking purposes subject to certain terms and conditions as more particularly set forth in said lease; NOW, THEREFORE, BE IT RESOLVED that the following three (3) areas are hereby established as off-street or commuter parking areas in the Town of Mamaroneck, and that this Board finds or determines that these areas will serve a community need and conven- ience; that they are appropriate in the proposed location; and that the proposed areas are adequate and physically adaptable for municipal off-street parking: OFF-STREET PARKING AREA No. 1 On the west side of Myrtle Boulevard, 274 feet between Maple Street and Baldwin Ave- nue; extending west on Maple Street 270 feet and west on Baldwin Avenue 438 feet. OFF-STREET PARKING AREA No. 2 On the east side of Myrtle Boulevard 228 feet between Vine Street and Wood Street; extending southeast on Vine Street 140 feet and southeast on Wood Street 400 feet. OFF-STREET PARKING AREA No. 3 On the northeast side of Wood Street in 182 feet from Myrtle Boulevard 200 feet long between Wood Street and Cabot Road, The Town Attorney then suggested that the Board approve the lease for these parking areas between the County of Westches- ter and the Town of Mamaroneck, and authorize the Supervisor of the Town of Mamaroneck to sign same. He further advised that both resolutions should be subject to permissive referen- dum as provided in Section 220 of the Town Law. On motion by Councilman Santoro, seconded by Councilman Brush, upon roll call, the following resolution was unani- mously adopted; RESOLVED that this Board approve the lease between the County of Westchester, acting by the Westchester County Park Commission, and the Town of Mamaro- neck, and covering the parcels known as Parcels 3, 4, 5, 6, 7, 45, 46, 47, 48, 57, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and a portion of Parcels 36 and 38, Sheet 9, Pelham-Port Chester Parkway, which said vacant premises are outlined in yellow on a sketch at- tached thereto, for a period of four (4) years commen- cing on the lst day of July, 1956, and with a provision that the County may cancel the lease upon ninety (90) days notice in writing to the Town in the event that the County desires to convey the premises or to enter up- on the said premises for park, parkway or construc- tion purposes; and a further provision that in the event the Town installs parking meters, the Town shall pay to the County a sum equal to fifty per cent (5016) of the net receipts collected by the Town from the park- ing meters; or otherwise the sum of one dollar ($1. 00) per year. FURTHER RESOLVED that this and the previous reso- lution establishing off-street or commuter parking areas are subject to permissive referendum as provided in the Town Law. The Board directed the Clerk to publish and post the foregoing resolutions as provided in the Town Law, OLD BUSINESS RE PROPOSED ACCEPTANCE OF ORMAND ROAD Mr. Jerome N. Wanshel, attorney for certain parties con- cerned in this matter, requested a postponement of two weeks in order to afford him time to prepare documents necessary to this matter. After some discussion between the members of the Board, Dr. Arnold S. Breakey of Durhm Road, Town, and his at- torney, Mr. Roger H. Harper, present and also concerned with this matter, it was agreed to adjourn this matter to the meeting of October 17, 1956. The Town Attorney requested both attorneys to submit to him all documents pertinent well in advance of the Octo- ber 17th date. APPLICATION TO ERECT FENCE--MR. JOSEPH V. TOBIN The Clerk reported that letters advising of this application had been sent to neighboring property owners and that only one reply had been received, that of Dr. John J. Hillsley of L64 Murray Avenue, Town, who had presented his letter of protest to the application at the meeting of September 19, 1956. The Clerk read Dr. Hillsley's letter. Each of the members of the Board stated that he had per- sonally visited the site of the proposed fence, and after some discussion with Dr. Hillsley, who was present, on motion by Councilman Kane, seconded by Councilman Santoro, upon roll call, the following resolution was unan- imously adopted. WHEREAS, Mr. Joseph V. Tobin of 1 Homer Avenue, Town, heretofore requested a permit for the erection of a stockade fence along the portion of the boundary line at the rear of his property, five feet (51) in height for a distance of approximately thirty-five (35) feet in length, on premises known as Block 119 - Parcel 1, on the Assessment Map of the Town of Mamaroneck; and WHEREAS, the Building Inspector refused to grant such permit on the ground that construction or erec- tion of such fence violated the provisions: of Section 112, Article 21, of the Building Code; and WHEREAS, Mr. Tobin has appealed to this Board for modification of the Building Inspector's decision, pur- suant to Section 23, Article 1, of the Building Code, so as to allow erection of said fence, NOW, THEREFORE, BE IT RESOLVED that permission is denied to Mr, Joseph V. Tobin to erect a five-foot (51) stockade fence along the portion of the boun- dary line at the rear of his property for a distance of approximately thirty-five (35) feet in length, on premises known as Block 119 - Parcel 1, on the Assessment Map of the Town of Mamaroneck, The Clerk was directed to so notify Mr. Tobin NEW BUSINESS COMMUNICATION--JOSEPH E. MUSON RE SOUNDVIEW WOODS, INC. (Block 227 Parcel 1) The Clerk presented a letter from Mr. Muson, dated September 26, 1956, requesting an adjournment of the closing of title to November 14th, 1956. On motion by Councilman Kane, seconded by Councilman San- toro, it was unanimously RESOLVED that the closing of title on Soundview Woods, Inc. , known as Block 227 - Parcel 1, on the Tax As- sessment Map of the Town of Mamaroneck, be and it hereby is adjourned to November 14, 1956, provided all adjustments be met as of February 13, 1956. AUTHORIZATION--SUPERINTENDENT OF RECREATION TO ATTEND RECREATION CONVENTION The Clerk presented a communication from the Town of Mamaroneck Recreation Commission requesting the Board to authorize the Su- perintendent of Recreation to attend the International Congress of Recreation in Philadelphia, Pennsylvania, from September 3.0 to October 5, 1956, with expenses in an amount not to exceed the sum of $125. 00. On motion by Councilman Santoro, seconded by Councilman Kane, it was unanimously RESOLVED that the Superintendent of Recreation, James Kronenberger, be and he hereby is authorized to attend the International Congress of Recreation in Philadelphia, Pennsylvania, from September 30th to October 5th, 1956. FURTHER RESOLVED that the Comptroller be and he hereby is authorized to audit his claim for expenses for attending said meeting in a sum not to exceed $12.5. 00, same to be charged against the Recreation Department Budget. APPROVAL OF SALE OF TOWN OWNED LANDS The Supervisor presented for approval the sale of properties known on the Tax Assessment Map of the Town of Mamaro- neck as Block 502 - Parcel 323, and Block 503 - Parcel 490, sold at a Public Auction held previous to this meeting. On motion by Councilman Kane, seconded by Councilman Santoro, the following resolution was unanimously adopted; WHEREAS, the Town of Mamaroneck, through the institution of actions in the County Court of West- chester County, pursuant to Article VII-A, Title 3 of the Tax Law, has become and now is the owner of a number of parcels of real estate situate in the Unincorporated Section of the Town of Mamaroneck; and WHEREAS, the Town of Mamaroneck advertised for bids and held a Public Auction on October 3, 1956, and received bids on certain parcels of real estate now owned by the Town of Mamaroneck; and WHEREAS, since the receipt of said bids, this Board has given careful consideration thereto, and after due deliberation, it is RESOLVED that the bids hereinafter listed be accep- ted at the prices and terms therein set forth: BIDS ACCEPTED Block Parcel 502 323 503 490 Purchaser Albert Fraioli Richard Di Pierro Assessed Value $ 500, 00 1, 600, o0 Sales Price Terms $ 225, 00 Cash 533, 33 Cash FURTHER RESOLVED that the Supervisor is author- ized and directed to execute and deliver deeds to these parcels in accordance with the terms and con- tracts of sale and the Town Attorney is authorized to take all steps necessary to complete the sales transfer of these parcels. FURTHER RESOLVED that the date set for the closings is October 15, 19560 REPORT--MEETING OF COUNTY CIVIL DEFENSE DIRECTORS In the absence of Mr. Hartley, Councilman Brush reported on the meeting of the Civil Defense Directors of Westchester County, held in the County Office Building, White Plains, on September 26, 1956, and urged the Board to give careful con- sideration to "Information Circular No, 169 - Surplus Prop- erty", the report made available to Mr. Hartley at that meet- ing, and filed with the Town Clerk, The Supervisor thanked Councilman Brush and advised that this report would be made available to the Department Heads for consideration while making up their budgets for the com- ing year, REQUEST FOR WATER LINE EXTENSION--MR, BERNARD KAPLAN --- The Clerk read a letter from Mr, George H. Straub, Superin- tendent of the Westchester Joint Water Works No, 1, giving an estimate of costs of extending a water line as part of the Town distribution system, to a house on Pryor Manor Lane, on premises known as Block 506 - Parcel 6 on the Tax Assessment Map of the Town of Mamaroneck, The Supervisor advised that this application should have been made to the Town Board, but that since the Clerk had advised Mr. Kaplan that the matter could be taken up upon the receipt of the communication from the Water Works, he felt that some action should be taken, The Town Attorney then stated that he had no information con- cerning the matter with particular reference to any easement required, and the Town Engineer could furnish no information as to whether the street in front of the premises was a Town street, After some further discussion, on motion by Councilman San- toro, seconded by Councilman Brush, it was unanimously RESOLVED that the application in general be approved subject, however, to a report from the Town Attorney and the Town Engineer, RE: REGISTRATION NOTICE At this time, the Clerk requested that the Board pass a reso- lution authorizing the publication of the regular Registration Notice in the official newspaper of the Town of Mamaroneck, The Daily Times, On motion by Councilman Santoro, seconded by Councilman Brush, it was unanimously RESOLVED that, in accordance with the provisions of Section 76 of the Election Law, a Notice be pub- lished in The Daily Times, the official newspaper of the Town of Mamaroneck, on September 29 and October 6, 1956, giving a list of the places of reg- istration in the Town of Mamaroneck, a statement of the days and hours of registration, and a brief description of each registration district in the Town, REPORTS The Clerk presented the following reports which were received and filed: Affidavits of Publication and Posting of the Notice of Adoption of Bond Resolution on August 22, 1956, and on September 29, 1956; said Notice published in the official newspaper of the Town of Mamaroneck, The Daily Times. Report of the Receiver of Taxes and Assessments for the month of September, 1956. Report of the Assessor for the month of September, 1956. Statement of Bank Balances, Town of Mamaroneck, as of October 1, 1956. REPORT OF THE SUPERVISOR Re: Board of Supervisors Permanent Registration -- The Supervisor reported that the Board of Supervisors had endorsed Permanent Registration and that next year the costs for registration would go up from $7, 600, the present cost for a 6-day period, to about $14, 000 for a registration period of 11-days; and then, the following year would drop to about $6, 000 for a 2-or-3-day period. REPORTS OF THE COUNCILMEN Councilman Brush -- Re: Park Department Councilman Brush reported that the regular monthly Park Department meeting was devoted to working on the budget for the coming year, and that if these figures were not in at this time, they would be very shortly. Re: Civil Defense Councilman Brush reported that the expenses for the past 6-months period would be reviewed at the next Civil Defense meeting, Councilman Kane -- Re: Planning Board Councilman Kane reported that the Planning Board had decided to engage the services of Mr. Frederick P. Clark of Rye as Consultant. Re: Thruway Blasting Councilman Kane brought to the Board's attention the problems confronting the Village of Mamaroneck with regard to damages caused by the blasting operations in connection with the construction of the Thruway, and suggested that this Board take some action toward preventing the occurence of further such damages, and --- that a fitting resolution to this effect be sent to the Thruway Authority, On motion by Councilman Kane, seconded by Councilman Santoro, the following resolution was unanimously adopted: WHEREAS, the New York State Thruway Authority, in connection with its construction of the New Eng- land Section of the Thruway through the Town of Mamaroneck, has found it necessary to blast rock along the right-of-way, and has contracted such blasting to contractors; and WHEREAS, within the past two (2) weeks, damage has resulted from blasting operations in the Vil- lage of Mamaroneck but in close proximity to the Town of Mamaroneck-Village of Mamaroneck boundary line; NOW, THEREFORE, BE IT RESOLVED that this Board earnestly requests the New York State Thruway Authority to use all pos- sible care in protecting the public and property along the right-of-way where blasting is necessary, including a requirement in all contracts for blast- ing that the contractor must blast in such a way as to cause a minimum of damage, AND FURTHER RESOLVED that the Town Clerk is directed to send a certified copy of this resolu- tion to the Honorable Bertram D. Tallamy, Chair- man of the New York State Thruway Authority, Councilman Santoro -- Re: Recreation Commission Councilman Santoro reported that the Recreation Com- mission was working on its budget for the coming year and would submit that budget in two (2) sections -- Plan A and Plan B. Re: Finance Committee Councilman Santoro reported that he had attended a meet- ing of the Finance Committee and that a second meeting of that Committee would be held in the near future, 0 The Supervisor explained that the committee Council- man Santoro referred to had been appointed by him to study the preliminary drafts submitted by the various Departments before submitting the proposed budget to the Board as a Committee-of-the-whole. This com- mittee is composed of Councilman Santoro, the Town Attorney, the Comptroller, the Accountant, and the Supervisor. Re: Creation of Park at Rear of Weaver Street Firehouse Councilman Kane inquired of Councilman Santoro as to the Recreation Commission's plans in regard to the possible creation of a park or playground on the vacant lot at the rear of the Firehouse. Councilman Santoro reported that, to the best of his knowledge, this project consisted of erecting several baskets for basketball shooting, and was neither a park nor a playground as such. This had been suggested as a means of providing one more area which might help to keep children off the streets. Mr. Jesse Silberstein of 9 Edgewood Avenue, Town, and Mr. Gordon H. Reif snider of 18 Edgewood Avenue, Town, both addressed the Board on this matter, asking questions as to the exact plans for such project and also inquiring as to whether they would be given advance no- tice and an opportunity to be heard before any definite action was taken. The Board assured Mr. Silberstein and Mr. Reifsnider that they would be given an opportunity to be heard on this matter prior to any definite action. REPORT OF THE TOWN ATTORNEY Re: Communication--Mr. Anthony Sansone The Attorney presented a letter from Mr. Sansone, Corpora- tion Counsel of the Village of Mamaroneck, dated October 1st, 1956, re in rem property-- Town - Block 812 - Parcel 136, Village - Section 8, Block 23, Lots 10 - 14, part of 2' Res. Strip, advising that this property is now in the name of the Town, and requesting the Town to execute a Quit Claim Deed to the property to the Village of Mamaroneck. On motion by Councilman Santoro, seconded by Councilman Kane, the following resolution was unanimously adopted: WHEREAS, this Board by resolution adopted April 18, 1956, approved the sale by the Village of Mamaroneck of a parcel of property known on the Assessment Map of the Village of Mamaroneck as Section 8, Block 23, Lots 10 - 14, Part of 2' Res. Strip, and on the Assess- ment Map of the Town of Mamaroneck as Block 812 - Parcel 136, for $500.00; and 5 6316 WHEREAS, it now appears that the title. to this prop- erty is in the Town of Mamaroneck and not the Vil- lage of Mamaroneck, and that the title was obtained by the Town in a certain foreclosure proceeding in rem, entitled, "In the Matter of the Foreclosure of Tax Liens pursuant to Article VII-A, Title 3, of the Tax Law, by the Town of Mamaroneck, List of De- linquent Taxes for 195411, by reason of the non- -- payment of taxes for a period of four (4) years prior to April 29, 1954, the date when the list of delinquent taxes in said proceeding was filed in the County Clerk's Office; and WHEREAS, the Village has now requested that the Town give a quitclaim deed to the Village in order to clear the title and consumate the sale, provided that the proceeds of sale be divided between the Town and Village in accordance with a certain agreement en- tered into between the Town and Village pursuant to Section 165-H of the Tax Law; NOW, THEREFORE, BE IT RESOLVED that the Supervisor is authorized to deliver to the Village of Mamaroneck a quitclaim deed of the property known and des- cribed on the Assessment Map of the Town of Mamaroneck as Block 812 - Parcel 136, and on the Assessment Map of the Village of Ma- maroneck as Section 8, Block 23, Lots 10 - 14, Part of 2' Res, Strip, Re. Expenses--County Officers Association The Town Attorney reported that he had attended the. Annual Meeting of the County Officers Association at Grossingers, New York, with particular reference to a discussion concern- ing the decision of the Town of Somers in connection with in rem tax foreclosure proceedings, and he asked that the Board approve his expenses, including mileage, in an amount not to exceed the sum of $25,00, On motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED that payment of the expenses of the Town Attorney for attending the Annual Meeting of the County Officers Association at Grossingers, New York, on October 2, 1956, including mileage at the rate of eight cents (8�) per mile as provided in Section 102 of the Town Law, is hereby approved, providing such ex- penses do not exceed the sum of $25, 00; same to be charged against the Law Department Budget, MR. JOSEPH RIGANO -- Mr. Rigano stated that with regard to the improvement of streets in the Town, he would like to register his feeling with the Board to the effect that the cost of street improvements should be borne by the owners or developers of the property affected, -ADJOURNMENT 6 There being no further business to come before the meeting, it was adjourned at 9035 p.m. , to reconvene on October 17, 1956, BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was adjourned to October 17, 1956,